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Allahabad High Court

NEELAM DHAR DUBEY AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The transfer application was dismissed as the video‑conferencing provisions adequately address the distance concern.

Summary

The applicants, residing in Gorakhpur, filed a transfer application seeking to move a domestic violence complaint (Case No. 1400 of 2025) from the court of Judicial Magistrate, Gautam Budh Nagar to the court of Judicial Magistrate, Gorakhpur, citing distance as the ground. The respondents opposed the transfer. The High Court referred to its earlier decision in Sunita Devi (2022) which upheld the litigant's right to participate via video‑conferencing under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020. It held that the Rules adequately address the distance concern and that no statutory ground exists for transferring the case. Consequently, the transfer application was disposed of, with the court directing the applicants to seek video‑conferencing facilities under the Rules, and ordering all courts to implement those Rules.

Issues considered

  • Whether the distance of the parties justifies transfer of a criminal domestic‑violence case from one district to another
  • Whether the provisions of the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020 obviate the need for transfer

Legislation cited

Subjects

  • Domestic Violence
  • Transfer of Criminal Case
  • Video Conferencing
  • Jurisdiction
  • Uttar Pradesh

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         TRANSFER APPLICATION (CRIMINAL) No. - 254 of 2026

Neelam Dhar Dubey And 3 Others
                                                            .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Radhey Shyam Dwivedi
Counsel for Opposite Party(s) : Ravindra Pratap Singh, Vishal Singh,
                                G.A.

Court No. - 73
                 HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for the applicants and learned A.G.A. for the
State.

2. The present transfer application has been filed for transfer of Complaint
Case No. 1400 of 2025 (Smt. Durgesh Agarwal Vs. Neelam Dhar Dubey
and others), under Sections 12, 17, 18, 19, 20, 22, 23 and 31 of Domestic
Violence Act, Police Station Bisrakh, District-Gautam Budh Nagar, from
the court of Civil Judge (J./D.) /F.T.C. 2/ Judicial Magistrate, Gautam
Budh Nagar to the court of Judicial Magistrate, Gorakhpur.

3. Learned counsel for the applicants submits that applicants are the
opposite party before the trial court and the proceedings under the
Domestic Violence Act has been initiated by opposite party no. 2. The
applicants are the resident of Gorakhpur and present proceedings have
been lodged at Gautam Budh Nagar and on the ground of distance the
applicants are seeking transfer of the case.

4. This Court in Transfer Application (Criminal) No. 282 of 2021 (Smt.
Sunita Devi Vs. State of U.P. and another), decided on 2nd August,
2022, has recognized the right of the litigant to participate in the judicial
proceedings through video conferencing facility in pursuance to the Rules
for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 (for
brevity hereinafter referred to as "Rules of 2020").
                                                                                              TACR No. 254 of 2026
                                                                    2


                                    5. Comprehensive rules have been put in place to adopt the technology in
                                    judicial proceedings in order to enable the litigants to approach the court
                                    through digital mode. The Rules of 2020 gives choice to the litigant to
                                    approach court using digital technology. Various checks and balances
                                    have been provided under the aforesaid Rules of 2020 to protect the
                                    sanctity of the judicial process.

                                    6. The Rules of 2020 effectively address the concern of the litigants
                                    including the distance factor, threat perception and convenience. Once the
                                    Rules of 2020 have been notified in exercise of powers under Article 225
                                    and 227 of the Constitution of India, for providing video conferencing
                                    facility to the litigant in the Courts and such an alternative channel will be
                                    able to address the concerns of the litigant as has been raised in the
                                    present transfer application. No ground for transfer of the case from one
                                    district to another is made out in view of the law laid down in Transfer
                                    Application (Criminal) No. 282 of 2021 (Smt. Sunita Devi Vs. State of
                                    U.P. and another), decided on 2nd August, 2022.

                                    7. Under the circumstances, the present transfer application is disposed of
                                    with the liberty to the applicants to apply under Rules for Video
                                    Conferencing for Courts in the State of Uttar Pradesh, 2020 for video
                                    conference facility in judicial proceedings. It is hereby provided that in
                                    case any application is preferred by the applicants under the aforesaid
                                    Rules, the court/authority concerned shall be obliged under law to pass an
                                    appropriate order in accordance with law at the earliest. It is hereby
                                    directed that all courts and authorities shall act in aid of the Rules for
                                    Video Conferencing for Courts in the State of Uttar Pradesh, 2020.



                                                                                       (Vikram D. Chauhan,J.)
                                    May 7, 2026
                                    VMA




Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad


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